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Agreement - Tiburon, Inc. - Clerks - Signed 2001-07-01CLIENT Gilroy Police Department 7370 Rosanna Street Gilroy, CA 95020 EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CONTACT — Dan Rivers CLIENT # NU129-01 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service dated October 27, 1999. This Exhibit A shall become part of said Agreement upon signature and shall be effective from July 1, 2001, to June 30, 2002. The Agreement applies only to the application software and software modules listed below and will be billed in advance annually, unless otherwise set forth in Exhibit B. Upon future renewals, there will be an additional charge to any CLIENT requiring semi-annual or quarterly invoices. Software Model Months CPU Make Model Serial # Total Fees CAD 12 $ 11,847.00 EXT: State 12 $ 1,881.00 FRMS 12 $ 4,937.00 PRMS ICN MCI 12 $ 18,681.00 12 $ 2,491.00 12 $ 2,491.00 8% tax $ 3,386,24 Total $ 45,714.24 Optional items from Exhibit B (to be filled in by CLIENT) Software Model Months CPU Make Model Serial # Total Fees Grand Total IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives. CLIENT By:2 4 f �, (Authorized Signatu e) Name: Michael R. Dorn Title: Administrative Services Director Date: October 3, 2001 TIBURON By: (Authorized Signature) Name: Charles H. Bridges, Jr. Title: Vice President & CFO Date: September 27, 2001 Gilroy PD Ex A 2001 Page 1 of 1 BASIC SERVICES EXHIBIT B TO THE AGREEMENT FOR EXTENDED SERVICE SCHEDULE OF SERVICES AND CHARGES $ 42,328.00 per year TIBURON will provide basic services as defined in the Statement of Work contained in Section 2 of the Extended Service Agreement for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Pacific Time, excluding weekends and normal TIBURON holidays, unless the "24/7" Service Option is selected. In all cases, call -out charges will apply as described below. "24/7" SERVICE OPTION $7,000 per year/per system (initial) Products not normally covered by 24-hour support may optionally be supported with 24-hour coverage (including TIBURON holidays). Applicable call -out charges continue to apply. If this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. RELEASE MANAGEMENT PROGRAM Included/Not included New software releases are provided for CLIENT's version of the RISC and HP CAD or the SS/2000 Police and Fire RMS Systems and Relational Data System programs. New software versions typically include significant application changes and may require TIBURON's technical support to install. TIBURON services may be charged at the Technical Services Rate defined below, if agreed upon in writing, in advance. Significant application changes include but are not limited to system architecture, user interfaces, system externals, and database structure. Software releases include problem fixes and software enhancements. They do not typically require TIBURON's on site assistance to install. TIBURON installation and special tailoring, if required, may be charged at the Technical Service Rate defined below. New Products Additional TIBURON software systems, subsystems and TIBURON provided third -party products, such as hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third -party peripherals required shall be charged at the then current Technical Services Rate or as quoted by the third party. PREPAID TECHNICAL SUPPORT RESOURCE POOL $ (amount) (initials) A dollar amount is allocated to a Technical Support Resource Pool. The charges for Technical Support will always be calculated at the TIBURON Facility rate and will be subtracted from this dollar amount as incurred. Any unused portion of this account is carried over to the next contract year. Gilroy PD Ex B 2002 Page 1 of 3 GOLD CARD SERVICE OPTION Quote available on request A total support program is tailored for CLIENT and includes a schedule of on -site visits by TIBURON personnel for data base management, working with end users to identify and resolve problems and to apply agreed upon software changes, installation of new software products obtained through this Agreement, and a comprehensive training program. (If selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be attached as Exhibit C and incorporated herein by reference.) OPERATIONS REVIEW Included Tiburon personnel will visit CLIENT site periodically and meet with management, operations and other user personnel to conduct an operations review of the systems and an analysis of the CLIENT's automation requirements. A report will be produced to include observations and recommendations regarding the CLIENT's use of the system. Working with the CLIENT, this review will be further documented in the form of a multi -year automation plan for the CLIENT. There will be no charge for this service if total annual maintenance exceeds $20,000. TIBURON USER GROUP MEMBERSHIP Included The following is paraphrased from the recently adopted Bylaws. Voting membership in the Tiburon User Group, as set forth herein, is included in the Basic Service. The quantity of voting members is based on the number of Tiburon products installed, with the appropriate software licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined as Phoenix - Computer Aided Dispatch, Police Records Management, Fire Management Information System, Jail Management Information System, and Communication & Interfaces. The Tiburon User Group Conference is held annually at a location to be determined. TECHNICAL SERVICE RATES Technical Services Rates shall be deducted from the Prepaid Technical Support Resource Pool, or if that option is not available, they shall be invoiced to CLIENT as incurred. 1. Technical Service Rates Technical support shall be charged at the following rates: At TIBURON Facilities: $ 125 per staff hour At CLIENT Site: $ 150 per staff hour A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Basic Services or "24/7" Service Option as described previously. 2. Materials, Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call -Out Charges Systems not covered under 24/7 support, call -outs will be billed at $250 per call. After the first hour, the rate is $250 per hour with a two-hour minimum. If CLIENT'S systems are covered under the 24/7 support, the off -hour call -out fee is $50. Gilroy PD Ex B 2002 Page 2 of 3 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, software, and operating environment for dial -in service. If CLIENT does not provide this support for dial -in service, the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on -site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 1. PAYMENT PROVISIONS Payments due under this Agreement shall be made based on invoices submitted in advance on an annual basis for Basic Services and Options or as incurred for miscellaneous expenses. TIBURON reserves the right to adjust the CLIENT's annual fee with a ninety (90) day advance written notice of adjustments. The adjustment will become effective on the anniversary date of this Agreement. The amount of any tax, license, or permit fees, but not including taxes on income, that may be imposed or levied upon this Agreement, the transaction, or the materials or services delivered hereto, shall be added to each invoice and paid by CLIENT in addition to the amounts shown above. CLIENT shall pay each invoice within thirty (30) days of receipt thereof. IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives. CLIENT TIBURON f)4,..„4:1 A i2c,------- C 2_._ I-1. P) g Authorized signature Authorized signature J Michael R. Dorn Charles H. Bridges, Jr. Name Name Administrative Services Director Vice President & CFO Title Title October 3, 2001 Date Date September 27, 2001 Gilroy PD Ex B 2002 Page 3 of 3